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D 816.360.4267
F 816.572.5067
  • Education
    • J.D., University of Missouri, 1988
    • B.J., University of Missouri, 1985
  • Court Admissions
    • U.S. District Court, Western District of Missouri, 1988
    • U.S. Court of Appeals, Tenth Circuit, 1995
    • U.S. Court of Appeals, Eighth Circuit, 1999
    • U.S. Court of Appeals, Sixth Circuit, 1999
    • U.S. Bankruptcy Court, Eastern District of Wisconsin, 1992
Brett Anders is the Chair of Polsinelli’s Financial Services Litigation practice group.  Mr. Anders enforces the rights and remedies of both securitized lenders and traditional lending institutions in state, federal and bankruptcy courts across the nation, having worked out commercial real estate loans and appeared in courts in more than 40 states.  

Mr. Anders utilizes receivership proceedings to ensure that lenders’ collateral is maintained and operated in a manner that protects its value, and also makes use of receiver sales as an alternative to traditional foreclosure proceedings, having overseen the sale of commercial buildings in Dallas, Texas, nursing homes in St. Louis, Missouri, condominium projects in Orlando, Florida, and strip centers outside of Chicago, Illinois, to name a few.  

Mr. Anders also represents both securitized lenders and traditional lending institutions in lender liability actions and has prevailed on motions to dismiss such actions in courts across the country.  

Mr. Anders advises master and special servicers with respect to day-to-day servicing issues affecting securitized loans and assists such servicers in maintaining compliance with their obligations under pooling and servicing agreements.  He has also represented servicers in actions brought against them alleging breaches by servicers under their pooling and servicing agreements.

Mr. Anders also represents both lead lenders and participants in participation agreement disputes.  Mr. Anders also specializes in numerous forms of bankruptcy litigation, both in adversary proceedings and contested matters.  

Mr. Anders has been recognized as being one of The Best Lawyers in America annually since 2007.
  • Lead trial counsel for secured lender against United States government in federal forfeiture proceeding, protecting lender’s rights to recover full amount of debt, including prepayment consideration, from proceeds of sale of property that was collateral for lender’s debt, but which was forfeited to the government. Case was decided in favor of the secured lender on appeal to U.S. Court of Appeals for the Sixth Circuit.
  • Lead trial counsel in defense of $6 million fraudulent transfer claim in U.S. Bankruptcy Court for District of Kansas, obtaining directed verdict on behalf of defendant.
  • Represented secured lender owed $30 million secured by assisted living facilities in St. Louis, Mo. Obtained appointment of receiver, retained receiver in possession of the facilities in subsequently filed Chapter 11, obtained dismissal of Chapter 11, obtained dismissal of a second Chapter 11 case filed by borrower, and effected receiver sale of the facilities in which purchaser assumed, and subsequently paid, entire indebtedness owed to lender.
  • Represented secured lender owed approximately $14 million secured by office buildings in Dallas, Texas. Obtained appointment of receiver and effected receiver sale of the buildings over objections of borrower and mezzanine lender, with purchaser assuming indebtedness owed to Lender.
  • Represented master servicer in $100 million-plus litigation brought against master servicer and others in New York, New York with respect to administration of CMBS loan and subordinate “B” indebtedness secured by hotel and casino in Las Vegas, Nevada. Obtained dismissal of case with no liability to master servicer.
  • Represented securitized trust and servicer in lender liability action brought in United States District Court for Northern District of Illinois. Obtained dismissal of all counts, an order affirmed by the United States Court of Appeals for the Seventh Circuit.
  • National representation of multiple investor fund that acquired distressed debt package from Resolution Trust Corporation, including loan workouts, restructures, reorganizations, and enforcement, with appearances in state, federal, and bankruptcy courts throughout the United States.
  • National representation of lenders in the CMBS industry, with appearances in state, federal, and bankruptcy courts in more than 30 states.
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